(a) The president and chief executive officer of the authority is responsible for insuring compliance with the regulations herein, which apply to records maintained or submitted to the authority pursuant to its power and duties under its enabling act. The president and chief executive officer shall designate an authority employee to serve as records access officer. Communications to the records access officer should be directed to:

Records Access Officer

NYS Energy Research and Development Authority

17 Columbia Circle

Albany, NY 12203–6399

(b) The records access officer is responsible for insuring appropriate agency response to public requests for access to records. The designation of the records access officer shall not be construed to prohibit officials who have been authorized in the past to make records or information available to the public from continuing to do so. The records access officer shall insure that personnel:

1. (1) maintain an up-to-date subject matter list;
2. (2) assist the requester in identifying requested records, if necessary;

3. (3) upon locating the records, take one of the following actions:

   1. (i) make records available for inspection; or
   2. (ii) deny access to the records in whole or in part, and explain in writing the reasons therefor;

4. (4) upon request for copies of records:

   1. (i) make a copy available upon payment or offer to pay established fees, if any, in accordance with section 501.8 of this Part; or
   2. (ii) permit the requester to copy the records;
5. (5) upon request, certify that a record is a true copy; and

6. (6) upon failure to locate records, certify that after diligent search:

   1. (i) the records are not in the possession of the authority; or
   2. (ii) the records of which the authority is a custodian cannot be found.